Terms of Use

Last Updated / Effective Date: April 3, 2025

Livegage, Inc. (“Livegage,” “we,” or “us”) is dedicated to protecting the privacy of our customers, website visitors, and users of our products and services. Livegage’s Privacy Policy (“Privacy Policy”) outlines the information collected from visitors to our website (“Website”) and users of our products and services, including our artificial intelligence-driven platform (the “Platform”). Your use of the Services depends on your acceptance and compliance with these Terms of Use (“Terms”). If you do not agree to these Terms, please refrain from using the Services. Each time you access or use the Services, the latest versions of these Terms and Privacy Policy will be in effect.

CHANGES TO TERMS

We may change these Terms from time to time. If we do so, we will post the updated Terms on our Website and will indicate when the Terms were last revised. Unless provided otherwise, all changes will be effective immediately upon posting to the Website. You should periodically review our current Terms as well as Privacy Policy to stay informed of our personal data practices.

ARBITRATION NOTICE; WAIVER OF CLASS ACTIONS AND JURY TRIAL

BY USING THE SERVICES, YOU AGREE THAT WE WILL RESOLVE ALL DISPUTES RELATED TO THE SERVICES AND THESE TERMS BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS AND THAT YOU ARE WAIVING THE RIGHT TO BRING OR PARTICIPATE IN A CLASS ACTION, MASS ARBITRATION, OR OTHER MASS PROCEEDING. YOU ALSO WAIVE THE RIGHT TO A JURY TRIAL. PLEASE SEE THE DISPUTE RESOLUTION SECTION OF THESE TERMS FOR MORE INFORMATION.

TERMS

1.       USE OF THIS SERVICE

We provide you with the ability to use the Services for your personal use, including commercial purposes, provided you comply with these Terms. You are responsible for payment of charges for all Internet and communications services needed to use the Services. You must be at least the age of majority in your place of residence to use the Services.

2.       PRIVACY POLICY

We collect certain Personal Information from and about you, including when you use the Services or otherwise communicate with us. Please see our Privacy Policy for more information on how we collect, use, retain, and disclose your Personal Information.

3.       INTELLECTUAL PROPERTY RIGHTS

Livegage and its licensors are the sole and exclusive owner of the Services. The Services include the Livegage | Mortgage + AI domain, the content of the Services (including any text, audio, video, graphics,

charts, photographs, interfaces, icons, software, computer code, databases, trademarks, logos, slogans, names of products and services, documentation, other components and content), and the design, selection, and arrangement of the content on the Services.

The Services are protected by copyright, trademark, and other intellectual property laws. Any unauthorized use of the Services or the related intellectual property rights belonging to Livegage or any third party is strictly prohibited. The Services may contain references to third-party marks and copies of third-party copyrighted materials, which are the property of their respective owners, who may or may not be sponsored by, affiliated with, or connected to Livegage.

Unless otherwise noted, Livegage and the Livegage graphics, logos, icons, and service marks are trademarks, registered trademarks, or trade dress of Livegage, protected under U.S. law and the laws of other countries. Livegage trademarks may not be used without our express written consent and must not be used in a manner that disparages or discredits Livegage, causes confusion among customers, or associates with any products or services not provided by Livegage. The Company will take legal action against individuals using its trademarks or service marks in metatag keywords or hidden webpage text, as such use constitutes trademark infringement and unfair competition.

Access to the Services does not confer and shall not constitute a license to anyone to use Livegage or any third party’s intellectual property rights.

Terms Related to Artificial Intelligence

Livegage uses an Artificial Intelligence (“AI”) driven Platform to automate bank reconciliation tasks, residential mortgage transactions, provide self-service tools for customers experiencing financial difficulties, and loan management services. Livegage and its licensors are the sole and exclusive owners of the AI technology.

Livegage does not guarantee the quality, accuracy, reliability, effectiveness, safety, legality, or security of AI-generated outputs in textual, visual, or video form. You acknowledge that Livegage’s Services and AI technology may produce similar outputs for other clients. AI technology has inherent limitations and biases; therefore, any generated outputs should be viewed as recommendations or creative renderings rather than definitive assessments or factual statements.

You are responsible for independently reviewing, verifying, and making decisions based on the outputs. Livegage recommends human review of AI-generated content before you use or distribute that content. You assume full responsibility for ensuring their appropriateness, compliance with applicable laws, and suitability for your intended purpose.

4.       ACCOUNTS

Certain features of the Service may require you to create an account with us (“Account”). Creation and use of your Account is governed by these Terms. You agree that any Personal Information you provide in connection with your Account will be true, current and complete. When you create an Account, you will be asked to choose a password. You must keep your password confidential. You are responsible for all activities that occur under your Account. If you believe that your Account has been compromised, you must immediately contact us at info@livegage.ai.

5.       COMPLIANCE WITH LAWS

When you use the Services, you are responsible for complying with all applicable laws, rules and regulations, including our Acceptable Use Policy regarding online conduct set forth in these Terms.

6.       ACCEPTABLE USE POLICY

1. You will not download, copy, reproduce, display, duplicate, sell, publish, post, license, rent, distribute, modify, translate, adapt, or create derivative works of the Services.
2. The Services are intended to be used for personal or commercial
3. You will not use the Services for unlawful
4. You will only provide us with true, accurate, and complete information when you use the
5. You will not submit inaccurate, incomplete, or out-of-date data via the Services, commit fraud or falsify data in connection with your use of the Services, or act maliciously against the business interests or reputation of Livegage or its affiliates.
6. You will not engage in data mining, data scraping or similar data gathering or extraction activities or retrieve data or other content from the Services. You will not access, use, or copy any portion of the Services, including any of its content, through the use of indexing agents, spiders, scrapers, bots, web crawlers, or other automated devices or mechanisms.
7. You will not collect or store information about users of the Services in any
8. You will not use the Services to post, transmit, input, upload, or otherwise provide any software code, data or materials that contain any viruses or malware.
9. You will not use the Services to develop, train, or improve any AI or machine learning
10. You will not reverse engineer, decompile, disassemble, or otherwise attempt to discover the underlying source code, algorithms, or structure of any technology or Services provided by
11. You will not engage in activities designed to render the Services, an Account, or any associated computer systems inoperable or to make their use more difficult.
12. You will not attempt to gain unauthorized access to the Services, an Account or any associated computer systems.
13. You will not use the Services in a manner which is contrary to the purposes for which it was made available to you by Livegage, or for any purpose that Livegage deems objectionable.

7.       USER GENERATED CONTENT

You may be able to post certain reviews, comments, photographs or other materials (collectively, “User Generated Content”) in connection with your use of the Services or through social media sites. You grant Livegage the right to use your username, real name, image, likeness, caption, location or other identifying information in connection with any use of your User Generated Content. By submitting User Generated Content or other information to Livegage, you represent and warrant that you own or have all legal rights to submit the User Generated Content, and you will comply with our Acceptable Use Policy.

8.       USER GENERATED CONTENT DISCLAIMER

The User Generated Content represents the views of the user and may not represent the views of Livegage. We do not endorse the User Generated Content. We cannot confirm the accuracy or credibility of any User Generated Content, and we will not be liable to you or any third party for any actions you may take as a result of reading User Generated Content. While we prohibit certain User Generated Content, some people may find such content offensive, objectionable, harmful, inaccurate or deceptive.

9.       FEEDBACK

Livegage welcomes comments regarding the Services. If you submit comments or feedback to us regarding the Services, they will not be considered or treated as confidential. We may use any comments and feedback that you send us in our discretion and without attribution or compensation to you. To the fullest extent allowed by law, you grant us an unrestricted, royalty-free, worldwide, irrevocable license to use, reproduce, display, perform, modify, transmit and distribute such feedback in any manner, including in connection with our operations.

10.   DMCA   NOTICE:   NOTICE   AND   PROCEDURE   FOR   MAKING   CLAIMS   OF COPYRIGHT INFRINGEMENT

Livegage will respond to notices of alleged infringement that comply with the Digital Millennium Copyright Act (“DMCA”). Copyright-infringing materials found on the Services can be identified and removed via our DMCA process listed below. You agree to comply with this DMCA process in the event you are involved in any claim of copyright infringement to which the DMCA may be applicable.

If you believe in good faith that your work has been copied in a way that constitutes copyright infringement, please provide Livegage’s copyright agent the written information specified below. Please note that this procedure is exclusively for notifying Livegage that your copyrighted material has been infringed. Livegage does not and will not make any legal decisions about the validity of your claim of infringement or the possible defenses to a claim.

If we receive a clear and valid notice pursuant to the guidelines set forth below, Livegage will respond by either taking down the allegedly infringing content or blocking access to it. Livegage may contact the notice provider to request additional information.

Under the DMCA, Livegage is required to take reasonable steps to notify the user who posted the allegedly infringing content (“Alleged Infringer”).

The Alleged Infringer is allowed under the law to send Livegage a counter-notification. Notices and counter-notices are legal notices distinct from regular activities or communications as part of the Services. We may publish or share them with third parties in our sole discretion (in addition to producing them pursuant to a subpoena or other legal discovery request).

Anyone making a false or fraudulent notice or counter-notice may be liable for damages under the DMCA, including costs and attorneys’ fees. Any person who is unsure of whether certain material infringes a copyright held by such person or a third party should contact an attorney.

To file a DMCA notice, the copyright owner must send a written letter by fax, regular mail, or email only. We reserve the right to ignore a notice that is not in compliance with the DMCA, and we may, but are not obligated to, respond to a non-compliant notice.

A DMCA notice must:

1. Identify specifically the copyrighted work(s) believed to have been infringed (for example, “My copyrighted work is the picture that appears at [list location where material is located].”);
2. Identify the content that a copyright owner claims is infringing upon copyrighted work. The copyright owner must provide information reasonably sufficient to enable us to locate the item on the Services. The copyright owner should provide clear screenshots of the allegedly infringing materials for identification purposes only. The information provided should be as detailed as possible;
3. Provide information sufficient to permit us to contact the copyright owner directly: name, street address, telephone number, and email (if available);
4. If available, provide information sufficient to permit us to notify the Alleged Infringer (email address preferred);
5. Include the following statement: “I have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;”
6. Include the following statement: “I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”;
7. Be signed; and
8. Be sent to our DMCA designated agent at the following address: Livegage, Inc.

Attn: DMCA Agent

101 Crawfords Corner Road, Suite 4116 Holmdel, New Jersey 07733

11.   SOCIAL MEDIA

We may provide links to social media pages on the Site (“Social Media Pages”) such as LinkedIn and X. Because anyone may post or tag on Social Media Pages, posts do not necessarily reflect our views. We reserve the right to remove anything from our Social Media Pages in our sole discretion. We may also take steps to block users from access to our Social Media Pages who violate these Terms or the terms of the Social Media site. If we follow, like, re-tweet, favorite, share, or re-post an individual’s content on a Social Media Page, that is not an endorsement of that third party or any product, service or company they represent.

12.   DISCLAIMER OF WARRANTIES

The Services are provided to you on an “as is” and “as-available” basis. To the maximum extent permitted by applicable law, Livegage expressly disclaims all express or implied warranties of any kind with respect to the Services, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, title, non-infringement, course of dealing or usage in trade.

Livegage does not warrant or guarantee that the Services will meet your needs, be compatible with any standards or user requirements, the availability of the Services or that the Services will be uninterrupted or error-free, that any defects in the Services will be corrected, or that the Services are free of viruses or other harmful conditions or components. Your use of the Services at your own risk and you, alone, are responsible for any damage to your computer hardware, software, systems, and networks from using the Services.

Livegage makes commercially reasonable efforts to ensure that the Services contain information that is accurate and reliable. However, we expressly disclaim, and you waive, any liability arising from errors and omissions on the Services including any inaccuracies, typographical errors, or misstatements.

Livegage expressly disclaims all liability for claims that are due to normal wear, product misuse, abuse, product modification, and improper product selection. Livegage has no responsibility for the timeliness, deletion, misdelivery, or failure to store any user communication. No advice or information, oral or written, obtained by you from Livegage or in any manner from the site creates any warranty.

13.   LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL LIVEGAGE, ITS AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, REPRESENTATIVES, CONSULTANTS, AGENTS, SUPPLIERS, PROFESSIONAL ADVISORS OR LICENSORS (TOGETHER, “LIVEGAGE PARTIES”) BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL LOSS OR DAMAGE, OR ANY OTHER LOSS OR DAMAGE OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (A) THE SERVICES OR ITS CONTENT, (B) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICES (INCLUDING WITHOUT LIMITATION THE INPUT OF PERSONAL AND OTHER DATA INTO THE SERVICES), (C) USE OF YOUR ACCOUNT, AND (D) ANY OTHER SUBJECT MATTER OF THESE TERMS, EVEN IF LIVEGAGE IS EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOUR SOLE AND EXCLUSIVE REMEDY FOR DAMAGES ARISING FROM OR RELATED TO THE SUBJECT MATTER OF THESE TERMS IS TO STOP ACCESSING AND USING THE SERVICES. WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR LIABILITY TO YOU FOR ANY CLAIM ARISING FROM YOUR ACCESS TO OR USE OF THE SERVICES, OR THE SUBJECT MATTER OF THESE TERMS EXCEED $100.00 USD EVEN IF ANY REMEDIES PROVIDED FAIL OF THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.

14.   INDEMNIFICATION

EXCEPT AS PROHIBITED BY APPLICABLE LAW, YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS LIVEGAGE AND THE LIVEGAGE PARTIES FROM AND AGAINST ALL CLAIMS, DEMANDS, COMPLAINTS, ALLEGATIONS OR ACTIONS (“CLAIMS”) AND AGREE TO PAY ANY LOSSES, LIABILITIES, DAMAGES, JUDGMENTS, SETTLEMENTS, FINES, PENALTIES, EXPENSES, AND COSTS (INCLUDING REASONABLE ATTORNEYS’ FEES) ARISING OUT OF OR RELATED TO: (A) YOUR ACCESS TO, USE OF, OR MISUSE OF THE SERVICES OR THE USER GENERATED CONTENT; (B) YOUR VIOLATION OF ANY APPLICABLE LAWS WHEN ACCESSING OR USING THE SERVICES OR THE USER GENERATED CONTENT; (C) YOUR SUBMISSION OF USER GENERATED CONTENT; (D) YOUR MISUSE OF ANOTHER PERSON’S PERSONAL INFORMATION; (E) YOUR INFRINGEMENT OR MISAPPROPRIATION OF LIVEGAGE OR ANY THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS; OR (F) YOUR VIOLATION OF THESE TERMS. WE RESERVE, AND YOU GRANT TO US, THE EXCLUSIVE RIGHT TO ASSUME THE DEFENSE AND CONTROL OF ANY MATTER

SUBJECT TO INDEMNIFICATION BY YOU (SUBJECT TO YOUR CONTINUING INDEMNIFICATION).

SOME JURISDICTIONS DO NOT ALLOW FOR INDEMNIFICATION PROVISIONS IN CONSUMER AGREEMENTS THUS THIS INDEMNIFIATION PROVISIONS MAY NOT APPLY TO YOU.

15.   TERMS APPLICABLE TO NEW JERSEY CUSTOMERS

No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for

(i) negligence, (ii) merchandise liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. Livegage reserves all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.

16.   DISPUTE RESOLUTION: ARBITRATION AGREEMENT; CLASS WAIVER; WAIVER OF TRIAL BY JURY

1. WAIVER OF RIGHTS.

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY. THIS COVERS ANY DISAGREEMENT, DISPUTE, CLAIM OR CONTROVERSY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF OUR SERVICES, USER-GENERATED CONTENT, OR ANY OTHER ASPECT OF YOUR RELATIONSHIP WITH LIVEGAGE, WHETHER IN CONTRACT, TORT OR OTHERWISE (“DISPUTE”) EXCEPT THE FOLLOWING:

• ANY DISPUTE FALLING WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT MUST BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS; AND
• ANY DISPUTE SEEKING TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS MAY BE BROUGHT IN ANY COURT OF COMPETENT JURISDICTION.

EACH PARTY MAY PROCEED IN ANY DISPUTE ONLY IN THAT PARTY’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY CLASS ACTION OR MASS ARBITRATION.

BY ENTERING INTO THIS ARBITRATION AGREEMENT, INDEPENDENT OF THE REMAINING PROVISIONS OF THESE TERMS, AND BY AGREEING TO A WAIVER OF CLASS ACTIONS OR MASS ARBITRATIONS, EACH OF US IS GIVING UP CERTAIN RIGHTS INCLUDING:

• THE RIGHT TO FILE A LAWSUIT OR HAVE A JURY INSTEAD, WE WILL HAVE A HEARING BEFORE A NEUTRAL ARBITRATOR. THERE IS NO JUDGE OR JURY IN ARBITRATION AND THE DISCOVERY AND APPEAL PROCESS IS DIFFERENT.

• THE RIGHT TO PURSUE CLASS ACTIONS, CLASS ARBITRATION OR MASS ARBITRATION, COLLECTIVE OR REPRESENTATIVE CLAIMS.

1. Good Faith Negotiations. We always prefer to resolve Disputes by negotiating in good faith. Either party may attempt to resolve a Dispute through good faith In the event of a Dispute, each party shall first send written notice of the Dispute, which includes your name, address, email address, phone number and a description of the relief you are seeking (“Dispute Notice”). Within 30 days after delivery of the Dispute Notice (unless mutually agreed by the parties), the parties shall meet virtually at a mutually acceptable date and time. At no point during this time shall either party initiate litigation or arbitration, except for Disputes subject to injunctive or other equitable relief. If the Parties cannot resolve the Dispute within 60 days of the Dispute Notice, either party may pursue individual arbitration proceedings as described below.
2. Mutual Arbitration Agreement.

1. Arbitration of Individual Disputes. Any Dispute which cannot be resolved through good faith negotiations, must be pursued through binding arbitration on an individual basis as described in this section (the “Arbitration Agreement”). The arbitration shall be administered before a single arbitrator.
2. AAA Proceedings. Either you or the Company may bring an arbitration proceeding. All arbitrations shall be filed with and administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (the “AAA Rules”). You may obtain instructions on how to file arbitration with AAA by calling AAA at 1-(800) 778- 7897 or online at adr.org or we can assist you in contacting AAA.

• Scope of Arbitrator’s Decision Making. The Parties agree that the arbitrator shall decide all Disputes and all related issues excluding: (a) issues expressly reserved for a court decision in these Terms; (b) issues that relate to the scope, validity, and enforceability of the Arbitration Agreement, class action waiver, jury waiver or any of the dispute resolution provisions of these Terms; (c) issues that relate to the arbitrability of any Dispute; (d) whether a Dispute is barred by the statute of limitations or a contractual provision in these Terms; (e) issues related to the scope, application and enforceability of the waiver provisions that are for the court to decide or (f) whether filing of a demand for arbitration was authorized by a party. All other issues are for the arbitrator to decide.

1. Final and Binding Decision. The decision of the arbitrator will be final and binding and will not have precedential effect. The arbitrator shall not have the authority to award damages outside of those set forth in these Terms. Any final award or judgment may be filed and enforced in any court of competent The Parties will bear the costs of the arbitration in accordance with the AAA Rules. Any arbitration proceeding may not be consolidated or joined with any other proceeding.
2. Applicability of the FAA. The parties acknowledge that this Arbitration Agreement evidences a transaction involving interstate commerce, and the Federal Arbitration Act, 9

U.S.C. Sections 1–16, shall govern the interpretation, enforcement, and proceedings pursuant to this Arbitration Agreement, and not state law.

1. The parties expressly agree that any and all actions taken under the Arbitration Agreement and related provisions, including but not limited to all filings, subject matter, orders, judgments, and awards made in any arbitration proceeding, are confidential and may not be disclosed to any third party.

• Survival. This Arbitration Agreement provision will survive the termination of these
• Mass Arbitrations. If 25 or more arbitration demands asserting the same or substantially similar claims, and seeking the same or substantially similar relief are submitted to AAA with the assistance or coordination of the same law firm(s) or legal entities against either party (a “Mass Filing”), the parties agree (i) to administer the Mass Filing in batches of 10 demands per batch with only one batch filed, processed, and adjudicated at a time; (ii) to designate one arbitrator for each batch; (iii) to accept applicable fees, including any related fee reduction determined by AAA Rules in its discretion; (iv) that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 10 is adjudicated; (v) that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by us, you and other claimants, shall only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; (vi) that the staged process of batched proceedings, with each set including 10 demands, shall continue until each demand (including your demand) is adjudicated or otherwise resolved; and (vii) to make good faith efforts to resolve each batch of demands within 180-days, failing which any party may cease arbitration and file in a court of competent jurisdiction.

1. Appointment of Arbitrator for Batch Proceedings; Procedural Arbitrators. Arbitrators will be selected in accordance with the applicable AAA The arbitrator will determine the location for each batch proceeding. The Parties agree to cooperate in good faith with each other and with AAA to implement a “batch approach” to provide for an efficient resolution of claims, including the payment of combined reduced fees, set by AAA in its discretion, for each batch of demands.

The parties shall cooperate with each other and with AAA to establish any other processes or procedures that will provide for an efficient resolution of any claims. If the Parties cannot agree on a batching process, the parties agree that AAA shall appoint a procedural arbitrator. This “Batch Arbitration” provision shall not increase the number of demands necessary to trigger the applicability of AAA’s Mass Arbitration Supplementary Rules or authorizing class arbitration of any kind.

Livegage does not agree or consent to class arbitration, mass arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances. The parties agree that this batching provision is critical to this Arbitration Agreement. If the batching provision is found to be invalid, unenforceable or illegal, then the Batch Proceedings section shall be null and void, and neither party shall be entitled to arbitrate any claim that is a part of the Mass Filing.

1. Mediation Following First Batch in a Mass Filing. The results of the first batch of demands will be given to an AAA mediator selected from a group of 5 mediators initially proposed by Livegage and the counsel for the remaining claimants’ have the right to strike one mediator and then rank the remaining mediators and the highest collectively ranked mediator being selected.

The selected mediator is responsible for attempting to resolve the Dispute in the Mass Filing. The Parties will then have 90 days (the “Mediation Period”) to agree on a resolution or substantive methodology for resolving the outstanding demands. If the parties are unable to resolve the outstanding demands during the Mediation Period and cannot agree on a methodology for resolving them through further arbitrations, either we or any remaining claimant may opt out of the arbitration process and have the demand(s) proceed in a court of competent jurisdiction. Notice of the opt-out will be provided in writing within 60 days of the close of the Mediation Period. If neither party opt out and they cannot agree

to a method for resolving the remaining demands through further arbitration, the arbitrations will continue with the batching process. Absent notice of an opt-out, the arbitrations will proceed in the order determined by the sequential numbers assigned to demands in the Mass Filing.

1. Opt-Out. If you wish to opt-out of this Arbitration Agreement, you must provide us your notice to opt-out within 30 days of the first date you visit or use our You must send us a letter stating: “Request to Opt-Out of Agreement to Arbitrate” to:

Livegage, Inc.
101 Crawfords Corner Road, Suite 4116
Holmdel, New Jersey 07733

Email address: info@livegage.ai

If you opt out of this Arbitration Agreement, all other parts of these Terms will still apply to you. This opt-out does not apply to the class action waiver.

• Modification. If we modify this Arbitration Agreement, you may reject that change by sending us written notice within thirty (30) days of our posting of the change, in which case we will terminate your Account, and you must stop using the Services, your Account, and the User-Generated Content.
• Enforceability. IF THIS CLASS ACTION WAIVER IS DEEMED INVALID OR UNENFORCEABLE, NEITHER PARTY MAY USE ARBITRATION TO RESOLVE DISPUTES UNDER THESE TERMS AND ALL DISPUTES WILL BE RESOLVED THROUGH LITIGATION.
• Applicable Law. New Jersey law applies to any arbitration under this Arbitration Agreement, but the Federal Arbitration Act governs the interpretation and enforcement of the Arbitration Agreement.

17.   SPECIAL TERMS FOR APPS DISTRIBUTED THROUGH THE APPLY APP STORE OR GOOGLE PLAY STORE

• Our Services and certain Content may be available through the Apple App Store or Google Play (collectively the “Apps”). You understand that these Terms are between you and Livegage, and not with Apple or Google, Inc. (each an “App Distributor”). Livegage, not the App Distributor, is solely responsible for the Services and their Content. In the event that the rules and restrictions in these Terms related to your use of the Services conflict with the terms and conditions provided by the applicable App Distributor, the App Distributor’s terms shall control.
• The licenses granted to you for the Services in these Terms are solely for use by you on a device that utilizes the Apple iOS or Android operating system, in accordance with the applicable App Distributor’s terms and conditions.
• Livegage is solely responsible for providing any Services maintenance and you agree that the App Distributor has no obligation to furnish any Services maintenance and support.
• Livegage is solely responsible for any product warranties, whether express or implied by law, to the extent not disclaimed in these Terms. In the event the Services fails to conform to any applicable warranty, you may notify the App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the Services. To the maximum extent permitted by applicable law, the App Distributor has no other warranty obligation with respect to the Apps, and any other claims, losses, liabilities, damages,

costs, or expenses attributable to any failure to conform to any warranty will be Livegage’s sole responsibility.

• You and Livegage acknowledge that Livegage, not an App Distributor, is responsible for addressing any claims that you or any third party have relating to the Services, including any

(1) product liability claims; (2) any claim that the Services fail to conform to any applicable legal or regulatory requirement; and (3) any claim arising under consumer protection, privacy, or similar legislation.

• Livegage, not the App Distributor, will be solely responsible for the investigation, defense, settlement, and discharge of any third-party intellectual property infringement claims related to the use of the Services and you must comply with applicable App Distributor terms when using the Services.
• You agree that the App Distributors, and their subsidiaries, are third party beneficiaries to these Terms as applicable to the Services, and that, upon your acceptance of these Terms, each App Distributor will have the right (and will be deemed to have accepted the right) to enforce these Terms (as applicable) against you as a third-party beneficiary thereof.

18.   GOVERNING LAW

Except for (a) claims subject to binding arbitration or (b) claims subject to small claims court proceedings, these Terms are governed by the laws of the state of New Jersey, without regard to its conflict of laws principles. Except with regard to disputes which are subject to arbitration under this Agreement, venue for any other dispute arising under this Agreement is exclusively in the state or federal courts located in Monmouth County, New Jersey. You expressly agree to the exclusive jurisdiction of those courts. Any cause of action or other claim with respect to the Services must be commenced within one year after the cause of action or claim arises. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.

19.   THIRD-PARTY LINKS

Links to third-party websites from the Site are provided solely as a convenience to you. Livegage has not reviewed each site for its content and does not endorse or make any representations about them, or the information, products, materials or software that may be obtained by using them. If you decide to access any third-party website, you do so at your own risk and Livegage shall have no liability arising out of the operation or content of such third-party sites.

20.   COOPERATION WITH LAW ENFORCEMENT

Livegage will cooperate with law enforcement if you are suspected of having violated applicable laws in connection with your use of the Services. YOU WAIVE AND HOLD LIVEGAGE AND THE LIVEGAGE PARTIES HARMLESS FOR ANY COOPERATION WITH, OR DISCLOSURE OF YOUR INFORMATION TO, LAW ENFORCEMENT RELATING TO YOUR SUSPECTED VIOLATION OF APPLICABLE LAWS.

21.   UNAVAILABILITY OF THE SERVICES

The Services or your Account may be unavailable or limited for various reasons. We shall not be liable to you or to any third party for any such unavailability of the Services, including without limitation (a) hardware, software, server, network, or telecommunications failures, (b) severe weather, war, riot, act of

God, pandemics, quarantines, fire, earthquake, strike, and labor shortages, (c) regulatory restrictions and other acts of government, (d) interruptions due to utility and power companies, and (e) interruptions due to hacking or other malicious intrusion.

22.   ELECTRONIC COMMUNICATIONS

We use email and electronic means to stay in touch with users of our Services. You consent to receive communications from us in electronic form via the email address you submit upon registration or via the Services and further agree that all Terms of Use, agreements, notices, disclosures, and other communications we provide to you electronically satisfy any legal requirement that such communications would satisfy if they were in writing. Communications made through email or the Services do not constitute legal notice to us or any of our affiliates. All legal notices hereunder shall be in writing and delivered to:

Livegage, Inc.

101 Crawfords Corner Road, Suite 4116 Holmdel, New Jersey 07733

23.   NOTICE FOR INTERNATIONAL USERS

The Site is hosted on servers located in the United States and is intended to be viewed only by residents of the United States. We reserve the right to host the Site on servers located in countries other than the United States.

24.   MISCELLANEOUS

1. Termination. If you violate applicable laws or these Terms in connection with the use of the Services, you are immediately prohibited from further use of the Livegage may suspend or terminate the Services or your Account, in whole or in part, at any time. Livegage shall not be liable to you or anyone else for any damages arising from or related to Livegage suspension or termination of your access to the Services or your Account, or in the event Livegage modifies, discontinues or restricts the availability of the Services or your Account (in whole or in part).
2. Assignment. We may assign our rights and delegate our duties under these Terms at any time to any party without notice to you. You may not assign your rights or delegate your duties under these Terms without our prior written consent, and any such assignment is immediately void.
3. No Third-Party Beneficiaries. These Terms do not confer any rights, remedies, or benefits upon any person other than you and Livegage.
4. Entire Agreement. These Terms (including all terms and conditions referenced herein) are the entire agreement between you and Livegage with respect to your access to and use of the
5. No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that provision or any other provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Livegage.
6. If any provision of these Terms is held invalid, void, or unenforceable, that provision will be severed from the remaining provisions and the remaining provisions will remain in full force and effect.

1. Successors and These Terms inure to the benefit of Livegage successors and assigns.
2. Any provisions of these Terms that are intended to survive termination (including any provisions regarding indemnification, limitation of liability, or dispute resolution) will continue in effect beyond any termination of these Terms, your Account or of your access to or use of the Services.
3. Electronic Documents. These Terms and any other documentation, agreements, notices, or communications between you and Livegage may be provided to you electronically to the extent permissible by law. Please print or otherwise save a copy of all documentation, agreements, notices, and other communications for your reference.

25.   CONTACT US

If you do not understand any of the Terms or if you have any questions or comments, we invite you to contact Livegage with questions or comments regarding these Terms at:

Email address: info@livegage.ai